PROSPECTUS
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
IN REPLY REFER TO:
Eugene District Office
P.O. Box 10226
Eugene, Oregon 97440-2226
5430A
May 30, 2012
Parcel No. 1
Tract No. E-12-500
Siuslaw Resource Area
Cedar Shake
TIMBER SALE NOTICE
NOTICE IS HEREBY GIVEN that the Bureau of Land Management will offer for sale timber as described herein
for oral auction, pursuant to Instructions to Bidders, as stated on Form No. 5440-9 and subject to Notice of
Requirement for Certification of Nonsegregated Facilities, Form No. 1140-4, attached. Written and oral bids will
be received by the District Manager, or her representative, at the EUGENE DISTRICT OFFICE, 3106 PIERCE
PARKWAY, SPRINGFIELD, OREGON. The timber sale will commence at 10:00 a.m. on Thursday, June 28,
2012.
A revised Special Provision has been added to the contract which enables the Contracting Officer to suspend the
contract to facilitate protection of certain plant or animal species, and/or to modify or terminate the contract when
necessary to:
1. Comply with the Endangered Species Act, or;
2. Comply with a court order, or;
3. Protect occupied marbled murrelet sites in accordance with the Standards and Guidelines of the Eugene
District Record of Decision (ROD) and Resource Management Plan (RMP), or;
4. Protect species which were identified for protection through survey and manage and/or protection buffer
standards and guidelines established in the ROD and RMP.
This contract provision limits the liability of the Government to the actual costs incurred by the Purchaser which
have not been amortized by timber removed from the contract area.
This Timber Sale Notice does not constitute the decision document for purposes of protest and appeal of a forest
management decision. Consistent with 43 CFR Subpart 5003 - Administrative Remedies, the notice of a timber
sale, when published as a legal ad in a newspaper of general circulation shall constitute the decision document
for purposes of protest and appeal. Protests may be filed with the Contracting Officer within 15 days of the
publication of the aforementioned decision document in the newspaper. It is anticipated that the decision
document will be published in The Register-Guard newspaper on or about May 30, 2012. BLM does not warrant
publication on this exact date. All parties considering protest of the timber sale decision document are
encouraged to review the aforementioned newspaper to ensure accurate knowledge of the exact publication date.
A WRITTEN BID on Form 5440-9 at not less than the appraised price on a unit basis per species and the
required minimum bid deposit shall be required to participate in oral bidding for each tract.
THE SUCCESSFUL BIDDER, as a condition of award, will be required to complete and/or sign the following
forms:
1. Form 1140-6, a certification that the bid was arrived at by the bidder or offerer independently, and was
tendered without collusion with any other bidder or offerer.
2. Form 1140-7, Equal Opportunity Affirmative Action Program Representation, for all contracts over $10,000.
3.
4.
Form 1140-8, Equal Opportunity Compliance Report Certification.
Form 5450-17, Export Determination.
PRE-AWARD QUALIFICATIONS. The high bidder may be required to furnish information to determine the ability
to perform the obligations of the contract. If the high bidder is determined not qualified, not responsible or refuses
to respond within 15 days of a request for information pertaining to qualifications, the contract may be offered and
awarded for the amount of the high bid to the highest of the bidders who is qualified, responsible, and willing to
accept the contract.
A PERFORMANCE BOND in an amount not less than 20 percent of the total purchase price will be required for
all contracts of $2,500 or more, but the amount of the bond shall not be in excess of $500,000, except when the
Purchaser opts to increase the minimum bond as provided in 43 CFR 5451.2. A minimum performance bond of
not less than $500 will be required for all installment contracts less than $2,500.
INSTALLMENT PAYMENTS may be authorized for sales of $500 or more. Required installments will be
determined by BLM. For sales under $500,000, installments will not be less than 10% of the total purchase price.
For sales of $500,000 or more, installment payments shall be $50,000.
LOG EXPORT AND SUBSTITUTION. All timber sales, including timber from Federal rights-of-ways, shall be
subject to the restrictions relating to the export and substitution of unprocessed timber from the United States in
accordance with P.L. 94-165 and 43 CFR 5400 and 5424, as amended.
LOG EXPORT AND SUBSTITUTION RESTRICTIONS. Excepting Port-Orford-cedar, all timber offered for sale
hereunder is restricted from export from the United States in the form of unprocessed timber and is prohibited
from being used as a substitute for exported private timber.
The BLM has revised the log export restrictions special provision to reduce the log branding and painting
requirements. The new requirements include branding of one end of all logs with a scaling diameter of over 10
inches. All loads of 11 logs or more, regardless of the diameter of the logs, will have a minimum of 10 logs
branded on one end. All logs will be branded on loads of 10 logs or less. One end of all branded logs will be
marked with yellow paint. At the discretion of the Contracting Officer, the Purchaser may be required to brand
and paint all logs. The Purchaser shall bear any increased costs for log branding and painting.
ADDITIONAL INFORMATION concerning each timber sale tract described herein is available at the above
District Office. A copy of the timber sale contract is also available for inspection at the District Office.
THE VOLUMES LISTED herein are estimates only, based on 16-foot taper breaks, which must be taken into
consideration if comparisons are made with volume predictions based on other standards. The volumes based
on 32-foot taper breaks are shown for comparison purposes. No sale shall be made for less than the total
purchase price, without regard to the amount bid per unit, even though quantity of timber actually cut or removed
or designated for taking is more or less than the estimated volume or quantity so listed.
AN ENVIRONMENTAL ANALYSIS (EA) was prepared for the Long Tom Landscape Plan Project, which includes
the Cedar Shake Timber Sale area. A Finding of No Significant Impact and Decision Record for the EA have
been documented. A Determination of NEPA Adequacy (DNA) has been documented for this sale. These
documents are available for inspection as background for this sale at the Eugene District Office.
ACCESS to a sale may be through a locked gate (see individual sale information). Prospective bidders may
obtain a key from the Eugene District Office. Any other persons interested in visiting the timber sale site should
first contact the District Office at 683-6600.
Attachments:
Form 5440-9
Form 1140-4
Form 1140-6
Form 5450-22
-2-
EUGENE DISTRICT
SIUSLAW RESOURCE AREA
PARCEL NO.: 1
SALE DATE: June 28, 2012
Tract No. E-12-500 Cedar Shake
Lane County, Oregon: O&C
Bid Deposit Required: $ 86,500.00
All timber designated for cutting on SW1/4NE1/4, W1/2, SE1/4, Section 21; Lot 1, Section 27; T. 17 S., R. 7 W., Will. Mer.
Estimated
Volume
32' Log (MBF)
3,684
852
4,536
Estimated
Volume (CCF)
7,566
1,713
9,279
Species
Douglas-fir
Western hemlock
TOTALS
Estimated
Volume
16’ Log (MBF)
4,191
967
5,158
Appraised
Price
Per MBF
$ 179.00
$ 118.00
Estimated
Volume Times
Approx. Price
$ 750,189.00
$ 114,106.00
$ 864,295.00
APPRAISED PRICES: Are calculated by determining market value through the analytical appraisal method. The
minimum bid increment will be $0.10 per MBF or multiples thereof.
LOG EXPORT RESTRICTIONS: All timber offered for sale hereunder is restricted from export from the United States in
the form of unprocessed timber and is prohibited from being used as a substitute for exported private timber.
NOTE: The volume for this timber sale has been calculated using 16 foot eastside Scribner rules, and the 32 foot log
volumes and the cubic log volumes are estimates derived from the 16 foot volumes.
CRUISE INFORMATION: Volume for all species in the right-of-way has been cruised using the 3P system to select
sample trees. The sample trees have been cruised and the volume computed using the National Cruise Processing
Program for estimating volume in 16-foot lengths and the volume expanded to a total sale volume. A map showing the
location and description of these sample trees is available at the Eugene District Office.
Volume for all species in the Partial Harvest Areas has been variable plot cruised. The Partial Harvest Areas contain a
total of 211 plots and 90 randomly selected sample trees. The tree count was determined with a Relaskop using a 20
BAF. Sample trees were randomly selected and volume expanded to a total Partial Harvest Area volume in 16-foot
lengths using the National Cruise Processing Program. A map showing the location of the sample trees is available at
the Eugene District Office.
With respect to merchantable Douglas-fir (sample) trees: The average tree is 14.1" DBHOB; the average log contains 48
bd. ft.; the total gross merchantable volume is approximately 4,367 MBF; and 96% recovery is expected.
CUTTING AREA: Two areas totaling approximately 260 acres must be partial harvested and approximately 7 acres of
right-of-way must be clear cut.
ACCESS: Access to the sale is provided by:
1. a public road;
2. BLM existing roads;
3. BLM roads to be constructed;
4. Roads covered by a Right-of-Way and Road Use Agreement E-310 between Oxbow Timber 1, LLC and the United
States. In the use, renovation, and improvement of private roads, the Purchaser shall enter into a license agreement
with Oxbow Timber 1, LLC. The license agreement shall be delivered to Oxbow Timber 1, LLC for execution at least
15 days prior to any use of company roads. See the Prospectus for full terms and conditions of use.
ROAD MAINTENANCE: The Purchaser shall pay road use fees of $3,526.52 and rockwear fees estimated at $518.70 to
Oxbow Timber 1, LLC. The Purchaser shall pay BLM a rockwear fee of $3,671.32. See Exhibit D map for specification of
road maintenance responsibility. Only the map page of Exhibit D is included in the Prospectus. Refer to the contract file
for the full Exhibit D.
Purchaser’s maintenance allowance includes the purchase of 400 cubic yards of 1-1/2” minus maintenance rock to be
placed during operations or upon completion of hauling operations. Any remaining portion of maintenance rock not used
during operations shall be placed during final maintenance, as directed by the Authorized Officer. Maintenance rock shall
not be stockpiled on site.
Tract No. E-12-500 Cedar Shake
Parcel No. 1
ROAD CONSTRUCTION: Required
Suggested Rock Source: Commercial, Noti Vicinity
Spurs A, B Ext., C-E, and Road No. 17-7-21.7 Ext.
Class:
SN-14
Length:
26.72 Stations
Surfacing: 3” minus
Width: 12’
Compacted Depth:10”
Estimated Quantity: 295 CY, Truck measure
Total estimated excavation: 27 hours of tractor time.
Total estimated construction cost: $18,590.58 including $4,583.36 surfacing.
Special Requirements in Road Construction: Operations limited to periods of dry weather.
ROAD RENOVATION: Required
Suggested Rock Source: Commercial, Noti Vicinity
Spur B and Road Nos. 17-7-20.7, 17-7-21.1, 17-7-21.2, 17-7-21.4 and 17-7-27
Class:
SN-16
Culverts:
Length:
101.91 Stations
Diameter: Total Length: Number:
Surfacing: 1-1/2” minus
18”
56’
2
Width: 14’
36”
84’
1
Compacted Depth: Varies
Estimated Quantity: 394 CY, Truck measure
Slope protection: Class 2- 24 CY, Truck Measure
Culvert Bedding: 3/4” minus 202 CY, Truck Measure
Total estimated excavation: 8 hours of tractor time.
Total estimated renovation cost: $26,896.56 including $5,488.67 surfacing and $6,117.50 culverts.
Special Requirements in Road Renovation: Operations limited to periods of dry weather. Installation of a stream culvert
shown on Exhibit C shall be completed between July 1 and October 14, both days inclusive, prior to hauling and fall rains.
ROAD IMPROVEMENT: Required
Suggested Rock Source: Commercial, Noti Vicinity
Road Nos. 17-7-20.7 and 17-7-21.7
Class:
SN-16
Culverts:
Length:
49.64 Stations
Diameter: Total Length: Number:
Surfacing: 1-1/2” / 3” minus
18”
52’
2
Width: 14’
Compacted Depth: varies
Estimated Quantity: 74 / 3,982 CY, Truck measure
Total estimated excavation: 10 hours of tractor time.
Total estimated renovation cost: $72,142.43 including $61,587.90 surfacing and $1,493.86 culverts.
Special Requirements in Road Improvement: Operations limited to periods of dry weather.
DURATION OF CONTRACT: Duration of the contract will be 36 months for cutting and removal of timber.
SPECIAL PROVISIONS: The contract will contain special provisions regarding road construction, road renovation, road
improvement, road maintenance, logging methods, prevention of erosion, falling of snags, falling of all trees designated
for cutting, logging residue reduction, and submission of a written logging plan specifying spur road locations, landing
locations, logging methods, and logging schedule.
Under Section 25 of the timber sale contract, tractor logging will be prohibited during periods of excessive soil moisture.
This will normally limit tractor logging to July, August and September.
It is estimated that approximately 619 MBF of additional timber, such as corridor and guyline trees, may be removed
under the contract, but is not included in the advertised sale volume, nor is it included in the timber sale appraisal.
A revised Special Provision has been added to the contract which enables the Contracting Officer to allow the
Purchaser to remove material from the Contract Area instead of disposing of slash by piling, covering, and
burning.
OTHER SPECIAL REQUIREMENTS:
Approximately 12 trees in 3 groups marked with yellow paint above and below breast height. These trees shall not
be felled or damaged during logging operations.
Tract No. E-12-500 Cedar Shake
Parcel No. 1
The Purchaser shall rock Road Nos. 17-7-20.7 Imp, 17-7-21.1 (portion), 17-7-21.7 Ext., and 17-7-21.7 Imp for wet
weather haul. If the Purchaser exercises the option to not rock these roads, the purchase price will be increased by
the cost of surfacing as appraised at the time of the sale.
Prior to rocking the roads above, or those roads with the option to rock listed below, no yarding or hauling shall be
conducted during periods of wet weather, as determined by the Authorized Officer.
The Purchaser has the option to rock Spurs B Ext., B-E and Road Nos. 17-7-20.7, 17-7-21.1, 17-7-21.2 and 17-721.4 at Purchaser’s expense.
No yarding or hauling shall be conducted on natural surfaced roads during periods of wet weather, as determined
by the Authorized Officer.
In the Partial Harvest Areas, all trees designated for cutting shall be felled and cut into log lengths not to exceed 40
feet before being yarded, except in the Whole Tree Yarding Area.
In the Partial Harvest Areas, except in the Whole Tree Yarding Area, non-merchantable tree tops and limbs shall be
retained on site where the source tree is felled, where operationally possible.
Yarding shall be done with a carriage equipped skyline capable of yarding 1,800 feet slope distance in the Partial
Harvest Areas on slopes greater than 35%.
In the Partial Harvest Areas, where slopes are less than 35%, yarding may be done either by a skyline system as
described above, or by equipment operated entirely on designated skid roads during periods of low soil moisture.
Within 210 feet of streams, skid trails shall be located at least 75 feet from the posted boundary.
Downhill cable yarding may be necessary.
The Purchaser shall clean yarding, logging, road construction, decommissioning, and slash disposal equipment,
using a water pressure hose, prior to entry on BLM lands.
Upon completion of hauling, the Purchaser shall decommission skid trails, new constructed roads, renovated roads
and improved roads. Decommissioning measures will take place during the dry season and include:
1. Decompact skid trails and natural surfaced roads with decompaction equipment, such as a track-mounted
excavator.
2. Construct drainage dips, waterbars and/or lead-off ditches.
3. Place logging slash on the extent of skid trails and decompacted roads and a portion of Road No. 17-7-21.7.
4. Block by using stumps, slash, and/or cull logs.
The Exhibit F contains explicit instruction on requirements for equipment and personnel involved in pile burning.
OPTIONAL CONTRIBUTION: The Purchaser will have the option of performing pile burning, or contributing $814.73 in
lieu thereof. Piling and covering of piles are not included in the Optional Contribution and will remain the responsibility
of the Purchaser. The option must be declared prior to contract execution.
If the Purchaser has made a contribution and later elects to remove all of the slash required to be piled, covered,
and burned, the contribution will be refunded.
NARRATIVE DESCRIPTION OF HOW TO GET TO THE TIMBER SALE AREA: Access to the sale is through a locked
gate over private land. Prospective bidders may obtain a key from the Eugene District Office. Any other persons
interested in visiting the timber sale site should first contact Christopher Finn at (541) 683-6421.
From Eugene, travel west on Highway 126 approximately 35 miles to Road No. 17-7-27. Turn northeast, following the
Timber Sale Area signs to the sale area.
TIMBER SALE LOCATION MAP
Cedar Shake
Township 17 S., Range 7 W., Sections 21, 27
4
9
8
17
20
3
2
1
6
5
4
3
10
11
12
7
8
9
10
14
13
18
16
15
24
19
21
22
28
27
15
16
Sale Area
21
22
IP Deeded Road
5
23
17
20
Highway 126
29
28
27
32
33
34
26
25
35
36
29
30
31
32
33
Highway 126
34
5
4
3
2
1
6
5
4
3
County Road 4335
8
9
10
11
12
7
8
9
10
17
16
15
14
13
18
17
16
15
22
23
24
19
20
21
22
20
-2
3. 3
1
.3
21
Tract No. E-12-500
Cedar Shake
Seasonal Restriction Matrix
Restricted Times are Shaded and X’d
Jan
1 15
Feb
1 15
Mar
1 15
Apr
1 15
May
1 15
June
1 15
July
1 15
Aug
1 15
Sept
1 15
Oct
1 15
Nov
1 15
Dec
1 15
Felling, yarding or loading
Partial Harvest Area
 April 15 – June 15, both days inclusive
 Sap flow seasonal restriction may be conditionally
waived
Ground-based yarding
Partial Harvest Area
 Typically October 1 – June 30; may vary due to
weather conditions
Right-of-way logging and clearing
Right-of-Way Area
 Typically October 1 – June 30; may vary due to
weather conditions
Hauling on natural surfaced roads (prior to rocking)
Partial Harvest Areas
 Typically October 15 – May 31; may vary due
to weather conditions
Culvert Installation Stream crossing culvert located at MP 0.33 of Road No. 17-7-27 shall be installed prior to timber haul.
Road No. 17-7-27
 October 15 – June 30, both days inclusive to
comply with ODFW instream period
NOTE: This chart is for informational purposes only. Refer to Section 41 Special Provisions of the timber sale contract for exact date restrictions and stipulations.
21
27
Form 5450-3a
(February 1986)
Contract No.
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
ORE05-TS12-500
EXHIBIT B
LUMP SUM SALE
Cedar Shake
The following estimates and calculations of value of timber sold are made solely as an administrative aid for determining: (1) adjustments made or credits given in
accordance with Secs. 6, 9, or 11; (2) when payments are due; and (3) value of timber subject to any special bonding provisions. The value of timber will be determined
by multiplying the value per acre as shown below, times the amount of acreage as determined by the Authorized Officer, which has been cut or removed or designated
for taking. Except as provided in Sec. 2, Purchaser shall be liable for total purchase price even though quantity of timber actually cut or removed or designated for
taking is less than the estimated volume or quantity shown. Cutting areas are shown on Exhibit A.
SPECIES
ESTIMATED VOLUME OR QUANTITY (Units
Specified)
Douglas-fir
Western hemlock
4,191 MBF
967 MBF
TOTALS
5,158 MBF
The apportionment of the total purchase price is as follows:
Partial Harvest Area No. 1 – 28 Acres
Douglas-fir
(17.0 MBF/Acre)
476 MBF
Partial Harvest Area No. 2 – 232 Acres
Douglas-fir
Western hemlock
(19.6 MBF/Acre)
3,578 MBF
966 MBF
4,544 MBF
R/W Area No. 1 – 1 Acre
Douglas-fir
( 19.0 MBF/Acre)
19 MBF
R/W Area No. 2 – 6 Acres
Douglas-fir
Western hemlock
(19.8 MBF/Acre)
118 MBF
1 MBF
119 MBF
PRICE PER UNIT
AMOUNT OF ESTIMATED VOLUME OR
QUANTITY X UNIT PRICE
Exhibit F
Contract No. ORE05-TS12-500
Sale Name: Cedar Shake
Sheet 1 of 2
SPECIAL PROVISIONS FOR LOGGING RESIDUE REDUCTION
Immediately upon completion of harvest on any individual units, logging slash at all landings, and slash
located along designated roads, shall be treated as follows:
CONSTRUCTION AND COVERING OF PILES
1.
Purchaser shall pile logging slash at all landings and within 25 feet of Road Nos. 17-7-21.1, 17-7-21.2,
and 17-7-27, outside of the Whole Tree Yarding Area, as directed by the Authorized Officer.
2.
Equipment used shall be equipped with a hydraulic thumb or a controllable, grapple head. The machine
shall have a minimum reach of 25 feet and shall travel on the road only.
3.
Prior to commencement of slash reduction work, all equipment shall meet approval of the Authorized
Officer.
4.
With the approval of the Authorized Officer, the Purchaser shall have the option to hand pile.
5.
All logging slash more than 2 feet long and between 1 and 6 inches in diameter at the large end shall be
piled. In all cases, the debris after treatment shall be less than 6 inches deep.
6.
Slash shall be piled as directed by the Authorized Officer. The piles shall be tight, free of mineral soil
and free of projecting limbs or slash preventing adequate covering, and in locations suitable for burning.
Piles shall be a minimum of 4 feet tall. Piles shall be no closer than 10 feet to residual trees.
7.
Slash piles and landing piles shall be covered with polyethylene plastic film .004 inch thick. Each pile
shall have a 10 foot x 10 foot cover, and covering shall be anchored to the satisfaction of the Authorized
Officer. Covering of all existing piles shall be completed by October 1st of each year, as directed by the
Authorized Officer.
BURNING
8.
Notwithstanding the provisions of Section 15 of this contract, the Government shall assume all
obligations for the disposal or reduction of the fire hazards caused by slash created by the Purchaser's
operations on Government lands, except for logging residue reduction and slash pullback operations
listed above, and burning and fire control assistance as required herein. Upon phone notification by the
Authorized Officer of required performance prior to ignition, the Purchaser shall, under supervision of
the Authorized Officer or his designated representative, assist in pile burning and fire control. In
addition, debris which has been buried at landings and is determined to be the source of holdover fire
shall be excavated by the Purchaser with a tractor and/or hydraulic excavator as directed by the
Authorized Officer.
9.
The Purchaser shall furnish, at his own expense, the services of personnel and equipment on all units
requiring burning as shown below.
One (1) work leader (Firefighter Type 1 (FFT1)) to supervise crew and to serve as Purchaser's
representative.
One (1) additional firefighter (Firefighter Type 2 (FFT2)) for ignition of piles.
Two (2) drip torches with a sufficient quantity of slash fuel (3:1 ratio of diesel to gasoline, or
biofuel equivalent).
Aluma-gel or other incendiary device.
One (1) chain saw with fuel.
One (1) hand tool per above listed personnel.
Exhibit F
Contract No. ORE05-TS12-500
Sale Name: Cedar Shake
Sheet 2 of 2
All listed personnel shall be physically fit, experienced and fully capable of functioning as required. In
addition, all listed personnel shall be qualified according to the National Wildfire Coordinating Group
(NWCG) Wildland Fire Qualification System Guide, PMS-310-1 and provide documentation of these
qualifications. On the day of ignition all listed personnel shall be fluent in speaking and understanding
English, clothing shall consist of long pants and long sleeved shirts, and be of approved aramid fabric
(Nomex™ or equivalent), as well as being free of diesel fuel oil. All personnel shall wear lug sole boots
with minimum eight (8) inch tall uppers that provide ankle support, approved hardhats and leather
gloves. Personnel who do not meet these requirements or do not have proper clothing and personal
protective equipment (PPE) will not be allowed to participate.
All listed tools and equipment shall be in good usable condition. All power-driven equipment shall be fully
fueled and available for immediate use. During periods of use under this subsection, the Purchaser shall
provide fuel and maintenance for all such power-driven equipment.
10. In the event of a fire escapement, the Purchaser's personnel and equipment shall, under supervision of
the Authorized Officer or his designated representative, take action to control and mop-up the escaped
fire until released from such service by the Government. If it becomes necessary to suppress a fire which
escapes from the prescribed fire area for a period beyond midnight of the day following ignition, then the
Government shall, at its option: (1) reimburse the Purchaser for such additional use of personnel and
equipment at wage rates shown in the current Administratively Determined Pay Rates for the Western
Area and at equipment rates shown in the current Oregon-Washington Interagency Fire Fighting
Equipment Rental Rates schedule until the Purchaser is released from such service by the Government
or (2) release the Purchaser from additional suppression work and assume responsibility for suppressing
the escaped fire.
In case of injury to personnel or damage to equipment furnished as required by this subsection, liability
shall be borne by the Purchaser, unless such injury or damage is caused by Government negligence.
11. The Purchaser may be required to burn slash on a 12 hour notice, 10 days after the initial notice is
received. Burning may need to be accomplished at night or on Saturday, Sunday, or holiday. Time is of
the essence in complying with this provision. In the event the Purchaser fails to provide the personnel
and equipment required herein, the Purchaser shall be responsible for all additional cost incurred by the
Government in disposing of slash including but not limited to the wages and other costs of providing
federal employees and others as substitute labor force, the cost of providing substitute equipment and
appropriate additional overhead expenses. If the Purchaser's failure results in a deferral of burning and
new conditions necessitate additional site preparation work and/or the use of additional personnel and
equipment to accomplish the planned burn, the Purchaser also shall be responsible for such additional
costs.
Sec. 39. Time for Removal of Personal Property — Purchaser shall have
the right within
one ( 1
) months after expiration of time for cutting
and removal to remove his equipment, improvement, or other personal property
from Government lands or rights-of-way; Provided, however, that any improvements
such as road surfacing, culverts and bridges which have become a permanent part
of a Government road, shall not be removed. The Authorized Officer may, in his
discretion, grant an extension of time, not to exceed three (3) months for removal
of personal property. Any improvements remaining on Government lands and rightsof-way at the end of the period for removal, or any extension, shall become the property
of Government. Any equipment or other personal property remaining on Government land and rights-of-way at the end of this period may be removed at the expense
of Purchaser and disposed of in accordance with applicable law.
Sec. 40. Timber Reserved From Cutting — The following timber on this contract area is hereby reserved from cutting and removal under the terms of this contract
and is retained as the property of Government.
See Sheet 1 which is attached hereto and made a part hereof.
Tract No. E-12-500
Parcel No. 1
THIS IS A SALE PROSPECTUS ONLY. ATTACHMENTS MAY NOT
INCLUDE ALL EXHIBITS REFERRED TO IN THE CONTRACT
PROVISIONS. THE COMPLETE CONTRACT INCLUDING ALL EXHIBITS
IS AVAILABLE FOR INSPECTION AT THE EUGENE DISTRICT OFFICE,
3106 PIERCE PARKWAY, SPRINGFIELD, OREGON.
SALE DATE: June 28, 2012
Sec. 41. Special Provisions — Purchaser shall comply with the special provisions which are attached hereto and made part hereof unless otherwise authorized,
in writing, by the Contracting Officer.
IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day first above written.
If Individual or Partnership, sign here
If Corporation, sign here:
(Name of Firm)
(Name of Corporation)
(Name)
(Name)
(Address)
(Title)
UNITED STATES OF AMERICA
(Name)
By
(Address)
(Name)
(Name)
(Title)
(Address)
(Date)
Title 18 U.S.C. Section 1001, makes it a crime for any person knowingly and willfully to make to any department or agency of the United States any false, fictitious,
or fraudulent statements or representation as to any matter within its jurisdiction.
The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) requires us to inform you that:
This information is being collected to obtain data relevant to the operation of this timber sale contract.
This information will be used to administer our timber sale program.
Response to this request is required to obtain a benefit.
(If Purchaser is a corporation, the following certificate must be executed by the Secretary or Assistant Secretary of the Corporation.)
I,
, certify that I am the
Secretary of the corporation
named as Purchaser herein; that
who signed the contract was then
of said corporation, that said contract was duly signed for and in behalf of said corporation by authority of its governing
body, and is within the scope of its corporate powers.
[CORPORATE SEAL]
œ U.S. GOVERNMENT PRINTING OFFICE: 1995-0-676-745
Cedar Shake Timber Sale
SEC. 40 - Timber Reserved From Removal and/or Cutting
(a)
All timber on the Reserve Area shown on Exhibit A and all blazed, orange painted and posted trees
which are on or mark the boundaries of the Reserve Area.
(b)
All trees marked with orange paint above and below breast height in the Partial Harvest Area s shown on
Exhibit A.
(c)
All snags, hardwoods, or Pacific yew trees in the Partial Harvest Areas shown on Exhibit A which do not
present a safety hazard as determined by the Authorized Officer. Snags, hardwoods, or Pacific yew
trees felled shall be retained on site.
(d)
All existing decay class 3, 4 and 5 logs in the Partial Harvest Areas shown on Exhibit A. Decay classes
are illustrated on Exhibit I, which is attached hereto and made a part hereof.
(e)
Approximately 12 trees in 3 groups marked with yellow paint above and below breast height in the
Approximate Location of Special Habitat Trees shown on Exhibit A. These trees shall not be felled or
damaged during logging operations.
SEC. 41 - Special Provisions
(a)
(b)
Periodic Payment and First Installment Adjustment
(1)
Notwithstanding the provisions of Section 3(b), the amount of the first installment may be reduced
by the Government when the Contracting Officer requests the Purchaser to interrupt or delay
operations for a period expected to last more than thirty (30) days during the operating season.
Such interruption or delay must be beyond the Purchaser’s control. Operating Season shall be
defined, for this purpose, as the time of year in which operations of the type required are normally
conducted and not specifically restricted under the contract. The first installment may be reduced
to five (5) percent of the installment amount listed in Section 3(b), during the delay period. The
Purchaser must request such a reduction in writing. When the Contracting Officer notifies the
Purchaser that operations may proceed, the Purchaser shall have fifteen (15) days after such
notification to return the first installment to the full value specified in Sec tion 3(b). Failure to return
the first installment to the full value within the allotted time will be considered a material breach of
contract. No timber shall be cut or removed from the contract area until the first installment is
restored to the full amount.
(2)
Notwithstanding the provisions of Section 3(b), adjustments in the due dates for periodic
payments may be made by the Government if the Contracting Officer interrupts or delays contract
operations for a period expected to last at least thirty (30) days, and the interruption or delay is
beyond the Purchaser’s control. Any adjustment made shall provide the Purchaser with an equal
amount of operating time as would have been available without the delay. The Purchaser shall
request such adjustment in writing before the due date for a periodic payment contained in
Section 3(b).
Logging
(1)
Before beginning operations on the contract area for the first time or af ter a shutdown of 14 or
more days, the Purchaser shall notify the Authorized Officer in writing of the date he plans to
begin operations. This written notification must be received by the Authorized Officer no less than
14 days prior to the date the Purchaser plans to begin or resume operations. The Purchaser shall
also notify the Authorized Officer in writing if he intends to cease operations for any period of 10
or more days.
(2)
Prior to the commencement of operations, the Purchaser shall obtain from the Authorized Officer
written approval of a written operations and logging plan commensurate with the terms and
conditions of the contract which shall include measures needed to assure protection of the
environment and watershed. A pre-work conference between the Purchaser's authorized
representative and the Authorized Officer's representative must be held at a location designated
by the Authorized Officer before the logging plan will be approved. All logging shall be done in
accordance with the plan.
-1-
Sec. 41 – Special Provisions (cont’d)
Cedar Shake Timber Sale
(3)
In the Partial Harvest Areas shown on Exhibit A, except in the Whole Tree Yarding Area, all trees
designated for cutting shall be felled and cut into log lengths not to exceed 40 feet before being
yarded.
(4)
In the Partial Harvest Areas shown on Exhibit A, except in the Whole Tree Yarding Area, nonmerchantable tree tops and limbs shall be retained on site where the source tree is felled, where
operationally possible,
(5)
No felling, yarding, or loading is permitted in or through the Reserve Area shown on Exhibit A,
except from Spur B Ext., Road No. 17-7-20.7, and where allowed in Section 41(b)(6).
(6)
In the Reserve Area shown on Exhibit A, logs may be yarded over streams. Yarding shall be
done in accordance with Section 41(b)(10). Trees felled in the Reserve Area for these cable
corridors shall be felled parallel to the stream unless otherwise directed by the Authorized Officer
and shall be retained on site.
(7)
No felling, yarding, or loading shall be conducted in the Partial Harvest Areas shown on the
Exhibit A from April 15 to June 15 of each year, both days inclusive, for sap flow. Purchaser shall
request waivers of this restriction in writing at least 10 days in advance of proposed operations.
(8)
No yarding or hauling shall be conducted on natural surfaced roads or roads listed in Section
41(c)(2) and Section 41(c)(3) if not rocked by the Purchaser, during periods of wet weather as
determined by the Authorized Officer.
(9)
Prior to attaching any logging equipment to a reserve tree, the Purchaser shall obtain written
approval from the Authorized Officer and shall take precautions to protect the tree from damage
as directed in writing by the Authorized Officer.
(10) In the Partial Harvest Areas shown on Exhibit A, except where specified in Section 41(b)(11),
yarding shall be done with a skyline system capable of yarding 1,800 feet slope distance from the
landings and laterally yarding at least 75 feet from the skyline roads. The carriage shall be
capable of being held in position on the skyline during lateral yarding. Skyline roads shall be
spaced a minimum of 150 feet apart at one end, unless otherwise approved by the Authorized
Officer. During yarding the lead end of the log shall be suspended clear of the ground. Full
suspension shall be required when yarding over streams. Intermediate supports and/or lift trees
may be needed. Downhill yarding may be necessary. Before clearing any skyline road
necessary for yarding in the Partial Harvest Areas shown on Exhibit A, the Purchaser shall:
(aa) Mark the location of the skyline road on the ground with fluorescent pink flagging. Such
skyline roads shall be limited to the minimum width necessary for yarding of logs with
minimum damage to reserve trees but, in any case, the width of each skyline road shall not
exceed 12 feet, measured between trunks of reserve trees, unless otherwise approved in
writing by the Authorized Officer.
(bb) Obtain written approval from the Authorized Officer of the location of all proposed skyline
roads.
(11) In the Partial Harvest Areas shown on Exhibit A, where slopes are less than 35%, yarding may be
done by equipment operated entirely on designated skid trails during periods of low soil moisture.
Trees shall be felled to the lead of the skid trails where possible. Before felling and yarding any
timber in the area to be logged by ground-based equipment, the Purchaser shall locate and
construct designated skid trails as follows:
(aa) Mark the location of designated skid trails on the ground with fluorescent pink flagging in
consultation with the Authorized Officer.
(bb) Space designated skid trails at a minimum of 150 feet apart unless otherwise agreed to in
writing by the Authorized Officer.
(cc) Use existing skid trails where possible.
(dd) Obtain written approval from the Authorized Officer of the location of all designated skid
trails.
-2-
Sec. 41 – Special Provisions (cont’d)
Cedar Shake Timber Sale
(ee) Limit the width of each skid trail to a maximum of 12 feet.
(ff)
Limit excavation on designated skid trails to a maximum cut of 1 foot and maximum length
of 1,000 feet at any one location with prior approval of the Authorized Officer.
(gg) Obtain written approval of completed construction from the Authorized Officer prior to
commencing logging operations.
(hh) Within 210 feet of streams, skid trails shall be located at least 75 feet from the posted
boundary.
(12) Before cutting and removing any trees necessary to facilitate logging in the Partial Harvest Area s
shown on Exhibit A, the Purchaser shall identify the location of the skid roads in accordance with
Section 41(b)(11), cable yarding roads in accordance with Section 41(b)(10), and tailhold, tieback,
guyline, lift, intermediate support, and danger trees on the ground in a manner approved by the
Authorized Officer at the pre-work conference and documented in the logging plan. Said
Purchaser identification of trees to be cut and removed does not constitute authority to proceed
with cutting and removal. In addition, before proceeding the following conditions must be met:
(aa) All skid trails and/or cable yarding roads upon which timber is identified by the Purchaser t o
be cut and removed in accordance with this special provision must be necessary for the
safe and expeditious removal of timber sold under this contact and shall be limited to the
minimum width necessary for yarding of logs with a minimum of damage to reserve trees;
however, unless otherwise approved in writing by the Authorized Officer, the width of each
skid trail and/or cable yarding road shall be limited to 12 feet.
(bb) The Purchaser may immediately cut and remove additional timber to clear skid trails and
cable yarding roads; provide tailhold, tieback, guyline, lift and intermediate support trees;
and clear danger trees when the trees have been marked with blue paint above and below
stump height by the Authorized Officer and thereby approved for cutting and removal by the
Authorized Officer. The volume of the timber to be sold will be determined by the
Authorized Officer in accordance with Bureau of Land Management prescribed procedures.
No timber may be cut or removed under terms of this provision unless sufficient installment
payments have been made in accordance with Section 3(b) of the contract or sufficient
bonding has been provided in accordance with Section 3(d) of the contract.
(cc) The Purchaser agrees that sale of this additional timber shall be accomplished by a
unilateral modification of the contract executed by the Contracting Officer and that such
timber shall be sold at the unit prices shown in Exhibit B of this contract unless t he value of
the timber must be reappraised subject to the terms for contract extension set forth in
Section 9 of the contract.
(dd) This authorization for the Purchaser to cut and remove additional timber prior to the
execution of a modification may be withdrawn by the Contracting Officer if the Authorized
Officer determines that the Purchaser has cut and removed any tree not previously marked
and approved for cutting by the Authorized Officer, which under Section 10 of the contract
constitutes a violation of the contract and under Section 13 of the contract may constitute a
trespass rendering the Purchaser liable for damages under applicable law.
(ee) If authorization is withdrawn, the Contracting Officer shall issue a written notice to the
Purchaser that the sale of additional timber under this special provision is no longer
approved. In this case, the Purchaser shall inform the Authorized Officer at least one (1)
working day prior to the need for cutting and removing any additional timber, and execute a
bilateral modification prior to cutting for such additional approved timber at the unit prices
shown in Exhibit B of the contract or in accordance with Section 8 or Section 9 of the
contract as determined by the Authorized Officer in accordance with this provision. The
Contracting Officer may issue a written order to the Purchaser to suspend, delay, or
interrupt any or all contract work for the period of time deemed necessary and appropriate
for the Government to safely measure and mark additional timber.
-3-
Sec. 41 – Special Provisions (cont’d)
Cedar Shake Timber Sale
(13) In accordance with the requirements of Section 8 of the contract it has been determined that it is
in the best interest of the Government and within the provisions of 43 CFR 5402.0-6 to sell
additional timber located in the Partial Harvest Areas, which is obstructing needed cable yarding
roads; hazardous to workers; needed for guyline, tailhold, and/or tieback trees; or severely
damaged from the normal conduct of felling or yarding operations to meet all applicable State
safety laws, codes or regulations. This timber must be cut or removed so that the Purchaser can
continue active falling and yarding operations. The Purchaser is, therefore, authorized to cut and
remove such additional timber in accordance with the provisions of Section 8 of the contract:
provided, however, that:
(aa) Trees reserved for the tree improvement program and trees reserved for the wildlife habitat
objectives under Section 40 of the contract are not included in the authorization.
(bb) The Purchaser shall identify each tree sold and cut in accordance with the provision by
marking the cut surface of the stump immediately after falling with a large “X”. The “X” shall
be cut with a chain saw. The stump shall be marked with plastic flagging so that the stump
can be visually located from a distance of not less than 100 feet.
(cc) The volume and price for such timber shall be determined by the Authorized Officer in
accordance with Bureau of Land Management prescribed procedures and paid for by the
Purchaser in accordance with Section 3(b) or 3(d) of the contract as required by Section 8
of the contract.
(dd) No timber may be cut or removed under the terms of this provision if all contract payments
required by Section 3(b) or 3(d) of the contract have been made.
(ee) The permission to fell and yard additional timber contained in this provision may be
withdrawn by the Contracting Officer if the Authorized Officer determines that the
Purchaser:
(1)
failed to properly mark any stump with the “X” cut.
(2)
failed to identify the location of any stump.
(3)
cut any tree that was reserved for tree improvement and/or wildlife habitat.
(4)
cut any tree in or adjacent to cable yarding corridors that was not necessary to
facilitate cable yarding.
(5)
cut any reserve tree in or adjacent to tractor skid roads that was not necessary to
facilitate ground based yarding.
(6)
failed to properly segregate any pulled over tree that was yarded to the landing.
(7)
cut any reserve tree that was not severely (as defined during the pre-work conference
and documented in the approved logging plan) damaged from felling and yarding
operations.
(8)
cut more than the minimum number of trees necessary to properly serve as guyline
anchor stumps.
(9)
cut or topped more than the minimum number of trees necessary to properly serve as
tailhold trees.
(10) cut more than the minimum number of trees necessary to properly serve as tie-backs
for topped tailhold trees.
(11) failed to maintain accurate and current (no more than 24 hours old) documentation of
cut and removed timber.
If the permission to cut and remove additional timber provision is withdrawn, the Authorized
Officer shall deliver to the Purchaser a written notice that additional sale of timber under this
special provision is no longer approved.
-4-
Sec. 41 – Special Provisions (cont’d)
Cedar Shake Timber Sale
If the permission to cut and remove additional timber provision is withdrawn, the Purchaser shall
inform the Authorized Officer at least two (2) working days prior to the need for cutting and yarding
any guyline tree, tailhold tree, tie-back tree, danger tree, corridor tree, pulled over tree, and
severely damaged tree. All sales of additional timber shall comply with Section 8 of the contract.
The Contracting Officer may order the Purchaser, in writing, to suspend, delay, or interrupt all or
any part of the work of this contract for the period of time that the Contracting Officer determines
appropriate for the Government to safely measure and mark additional timber.
All cable yarding and/or ground-based equipment skid roads upon which timber may be cut and
removed in accordance with this special provision must be needed for the removal of timber sold
under this contact and shall be limited to the narrowest width necessary for the yarding of logs
with minimum damage to reserved trees.
The Purchaser shall be liable for damages in accordance with Section 13 of the contract for any
reserved timber cut or removed in violation of the terms of this special provision.
(c)
Road Construction, Renovation, Improvement, Use, and Maintenance
(1)
The Purchaser shall construct Spurs A, B Ext., C-E, and Road No. 17-7-21.7 Ext., renovate Spur
B and Road Nos. 17-7-20.7 Ren, 17-7-21.1, 17-7-21.2, 17-7-21.4, and 17-7-27, and improve
Road No. 17-7-20.7 Imp, and 17-7-21.7 Imp, in strict accordance with the plans and specifications
shown on Exhibit C, which is attached hereto and made a part hereof. Exhibit C contains 32
sheets.
(2)
The Purchaser shall rock Road Nos. 17-7-20.7 Imp, 17-7-21.1 (portion), 17-7-21.7 Ext., and
17-7-21.7 Imp for wet weather haul. Rocking shall be in accordance with Exhibit C. If the
Purchaser exercises the option to not rock these roads, the purchase price will be increased by
the cost of surfacing as appraised at the time of the sale.
(3)
The Purchaser has the option to rock Spurs B Ext., B-E, and Road Nos.17-7-21.1 (portion),
17-7-21.2, and 17-7-21.4 at Purchaser’s expense. Rocking shall be in accordance with Exhibit C.
(4)
Drainage renovation on Road No. 17-7-27, shown on Exhibit C shall be completed between June
30 and October 15, both days inclusive, prior to hauling and fall rains.
(5)
Purchaser’s maintenance allowance has accounted for purchase of 400 cubic yards of 1-1/2”
minus maintenance rock from a commercial source. The Purchaser shall use 400 cubic yards of
maintenance rock as needed during the duration of hauling on portions of Road No. 17-7-20.7
from MP 0.13 to MP 0.14, Road No. 17-7-21.1 from MP 0.00 to 0.26, and Road No. 17-7-27.
Upon completion of hauling operations, any remaining portion of maintenance rock not used , shall
be placed during final maintenance on Road No. 17-7-20.7 from MP 0.13 to MP 0.14, Road No.
17-7-21.1 from MP 0.00 to 0.26, and Road No. 17-7-27, as directed by the Authorized Officer.
Maintenance rock shall not be allowed to be stockpiled on site. Purchaser shall provide
documentation of purchase and delivery of 1-1/2” minus maintenance rock.
(6)
Prior to removal of any timber, except right-of-way timber, the required construction, renovation,
and/or improvement of the haul route for that timber shall be completed as specified in Exhibit C.
(7)
Purchaser Maintenance: The Purchaser is authorized to use the roads listed below and shown
on Exhibit D which are under the jurisdiction of the Bureau of Land Management, and/or Oxbow
Timber 1, LLC, for the removal of Government timber sold under the terms of this contract and/or
the hauling of rock as required in Exhibit C, provided that the Purchaser comply with the
conditions set forth in Section 41(c)(8) and Section 41(c)10) and pay the required rockwear
obligation described in Section 41(c)(9). The Purchaser shall pay current Bureau of Land
Management rockwear fees for the sale of additional timber under modification to the contract.
-5-
Cedar Shake Timber Sale
Road No.
Spur A
Spur B
Spur B Ext.
Spur C
Spur D
Spur E
17-7-20.7
17-7-20.7
17-7-21.1
17-7-21.1
17-7-21.2
17-7-21.2
17-7-21.4
17-7-21.7
17-7-27
17-7-27
*Oxbow Timber 1, LLC
Length Miles
Used
0.10
0.37
0.12
0.04
0.05
0.13
0.58
0.24
0.34
0.06
0.54
0.27
0.09
0.43
1.80
0.08
Road
Control
BLM
BLM
BLM
BLM
BLM
BLM
OT1*
BLM
BLM
OT1*
OT1*
BLM
OT1*
BLM
BLM
OT1*
Road
Surface Type
Natural
Natural
Natural
Natural
Natural
Natural
Rock
Rock
Rock
Rock
Rock
Rock
Rock
Rock
Rock
Rock
(8)
The Purchaser shall perform any required road repair and maintenance work on roads used by
him under the terms of Exhibit D, "Road Maintenance Specifications", of this contract, which is
attached hereto and made a part hereof.
(9)
The Purchaser shall pay the Government a road maintenance obligation for rockwear in the
amount of Three Thousand Six Hundred Seventy-one and 32/100 dollars ($3,671.32) for the
transportation of timber included in the contract price required under the terms of the contract
over the roads listed in Section 41(c)(7).
The rockwear fee shown above shall be paid prior to removal of any timber from the contract
area; provided, however, that if the total of such amount exceeds One Thousand and 00/100
dollars ($1,000.00), the Purchaser may elect to make the payment in installments in the same
manner as and together with payments required in Section 3 of this contract.
(10) In the use, renovation, and improvement of Road Nos. 17-7-20.7A&C, 17-7-21.1B, 17-7-21.2A&C,
17-7-21.4A, and 17-7-27E, the Purchaser shall comply with the conditions of Right-of-Way and
Road Use Agreement No. E-310 between the United States of America and Oxbow Timber 1,
LLC. Prior to the use of said roads, the Purchaser shall furnish the Authorized Officer a copy of
the executed License Agreement. Default by the Purchaser of said Right-of-Way and Road Use
Agreement, or any License Agreement executed pursuant thereto, for failure to pay appropriate
road use fees shall be considered a violation of this contract. Said agreement is available for
inspection at the Bureau of Land Management, Eugene District Office, 3106 Pierce Parkway Suite
E, Springfield, Oregon. Such conditions include but are not limited to the following actions by the
Purchaser:
(aa) Obtain a license agreement from Oxbow Timber 1, LLC. The license agreement and
insurance certificate shall be delivered to Oxbow Timber 1, LLC at least 15 days prior to use
of company roads.
(bb) Furnish a performance bond in the amount of Five Thousand and 00/100 dollars
($5,000.00).
(cc) Maintain comprehensive liability insurance covering all operations, including vehicles, in
amounts not less than One Million and 00/100 dollars ($1,000,000.00) bodily injury for injury
to any one person, One Million and 00/100 dollars ($1,000,000.00) for any one occurrence
and One Million and 00/100 dollars ($1,000,000.00) property damage for any one
occurrence.
-6-
Sec. 41 – Special Provisions (cont’d)
Cedar Shake Timber Sale
(dd) Pay a lump sum road use fee of Three Thousand Five Hundred Twenty-six and 52/100
dollars ($3,526.52) prior to log hauling. Any additional volume hauled for modifications will
incur a road use fee of $2.00/MBF.
(ee) Pay a rockwear fee of Five Hundred Eighteen and 70/100 dollars ($518.70) prior to log
hauling. All rockwear fees due as a result of modification shall be due at the time of
modification. Rockwear fees current at the time log hauling begins shall be used. Maintain
roads in accordance with Section 41(c)(7).
(11) The Purchaser also agrees that if he elects to use any private road, other than those provided for
in this contract, which is the subject of a right-of-way agreement with the Government, for the
removal of Government timber sold under the terms of this contract, he shall request and agree to
the modification of this contract to provide for such use.
(d)
Environmental Protection
(1)
Upon each season’s shutdown, the Purchaser shall block skid trails and natural surfaced roads as
directed by the Authorized Officer, and shall place them in an erosion-resistant condition by
constructing drainage dips, waterbars, and/or lead-off ditches. The waterbars and drainage dips
shall be constructed in accordance with the specifications shown on Exhibit H, which is attached
hereto and made a part hereof. Exhibit H contains 2 sheets. Blocking shall be completed as
directed by the Authorized Officer.
(2)
In addition to the requirements set forth in Section 25 of this contract, the Purchaser shall, upon
completion of hauling, complete the following decommissioning measures according to the road
schedule below. All decommissioning shall be completed during the dry season and as directed
by the Authorized Officer.
(aa) Purchaser shall decompact all skid trails, natural surfaced roads and landings with
decompaction equipment, such as a track mounted excavator.
(bb) Purchaser shall construct drainage dips, waterbars and/or lead-off ditches, as directed by
the Authorized Officer. Waterbars and drainage dips shall be constructed in accordance
with the specifications shown on Exhibit H.
(cc) Place logging slash, where available, on the road prism of decompacted, natural-surfaced
roads.
(dd) Block using stumps, slash and/or cull logs, as directed by the Authorized Officer.
If not rocked
(bb)
(cc)
Road
(aa)
Road
Rocking Decompact Drainage
Slash
(dd)
(bb)
If rocked
(cc)
Block
Drainage
Slash
(dd)
Block
Not
X
X
X
X
allowed
Not
Spur A
X
X
X
allowed
Spur B
Optional
X
X
X
X
X
X
Spur C
Optional
X
X
X
X
X
X
Spur D
Optional
X
X
X
X
X
X
Spur E
Optional
X
X
X
X
X
X
17-7-20.7 IMP Required
X
X
X
X
17-7-21.7
Required
X
X*
X
X
X*
X
* On Road No. 17-7-21.7 place logging slash on the road surface visible from Road No. 17-7-21.1
Skid Trails
(3)
Cable yarding corridors shall be waterbarred immediately after use, if necessary to prevent
erosion, as determined by the Authorized Officer.
-7-
Sec. 41 – Special Provisions (cont’d)
Cedar Shake Timber Sale
(4)
In order to prevent the spread of noxious weeds, the Purchaser shall be required to clean logging,
road construction, decommissioning, and slash disposal equipment, using a water pressure hose,
prior to entry onto BLM Lands as directed by the Authorized Officer.
(5)
If in connection with operations under this contract the Purchaser, his contractors, subcontractors,
or the employees of any of them, discovers, encounters or becomes aware of any objects or sites
of cultural value on the contract area such as historical or pre-historical ruins, graves or grave
markers, fossils, or artifacts, the Purchaser shall immediately suspend all operations in the vicinity
of the cultural value and shall notify the Authorized Officer of the findings. Operations may
resume at the discovery site upon receipt of written instructions and authorization by the
Authorized Officer.
(6)
The Purchaser shall immediately discontinue specified construction or timber harvesting
operations upon written notice from the Contracting Officer that:
(aa) threatened or endangered plants or animals protected under the Endangered Species Act
of 1973, as amended, may be affected by the operation, and a determination is made that
consultation or reinitiation of consultation is required concerning the species prior to
continuing operation, or;
(bb) when, in order to comply with the Endangered Species Act or to protect occupied marbled
murrelet sites in accordance with the Standards and Guidelines of the Eugene District
Record of Decision (ROD) and Resource Management Plan (RMP), the Contracting Officer
determines it may be necessary to modify or terminate the contract, or;
(cc) federal proposed, federal candidate, Bureau sensitive or State listed species protected
under BLM Manual 6840 - Special Status Species Management - have been identified, and
a determination is made that continued operations would affect the species or its habitat, or;
(dd) other active raptor nests have been discovered, and a determination is made that continued
operations under this contract would adversely affect the present use of the discovered
nesting area by the raptor, or;
(ee) when, in order to comply with a court order which enjoins operations on the sale or
otherwise requires the Bureau of Land Management to suspend operations, or;
(ff)
when, in order to comply with a court order, the Contracting Officer determines it may be
necessary to modify or terminate the contract, or;
(gg) species have been discovered which were identified for protection through survey and
manage and/or protection buffer standards and guidelines established in the ROD and
RMP, and the Contracting Officer determines that continued operations would affect the
species or its habitat, or;
(hh) when, in order to protect species which were identified for protection through survey and
manage and/or protection buffer standards and guidelines established in the ROD and
RMP, the Contracting Officer determines it may be necessary to modify or terminate the
contract.
Those operations necessary for a safe removal of personnel and equipment from the contract
area and those directed by the Contracting Officer which are required in order to leave the
contract area in an acceptable condition will be permitted. Discontinued operations may b e
resumed upon receipt of written instructions and authorization by the Contracting Officer.
During any period of suspension, the Purchaser may withdraw performance and payment bond
coverage aside from that deemed necessary by the Authorized Officer to sec ure cut and/or
removed timber for which the Bureau of Land Management has not received payment, and/or
unfulfilled contract requirements associated with harvest operations that have already occurred
and associated post-harvest requirements.
-8-
Sec. 41 – Special Provisions (cont’d)
Cedar Shake Timber Sale
In the event of a suspension period or a combination of suspension periods that exceed a total of
30 days, the First Installment held on deposit may be temporarily reduced upon the written
request of the Purchaser. For the period of suspension extending beyond 30 days, the First
Installment on deposit may be reduced to five (5) percent of the First Installment amount listed in
Section 3(b) of the contract. Any First Installment amount temporarily reduced may be refunded
or transferred to another BLM contract at the request of the Purchaser. However, if the Purchaser
has outstanding debt owing the United States, the Contracting Officer must first apply the amount
of First Installment that could be refunded to the debt owed in accordance with the Debt Collection
Improvement Act, as amended (31 USC 3710, et seq.).
Upon Purchaser’s receipt of a bill for collection and written notice from the Contracting Officer
lifting the suspension, the Purchaser shall restore the First Installment to the f ull amount shown in
Section 3(b) of the contract within 15 days after the bill for collection is issued, subject to Section
3(h) of the contract. The Purchaser shall not resume contract operations until the First Installment
amount is fully restored.
In the event of a suspension period or a combination of suspension periods that exceed a total of
30 days, the unamortized Out-of-Pocket Expenses for road or other construction required
pursuant to Exhibit C of the contract shall be refunded or transferred to another BLM contract at
the request of the Purchaser. Upon written notice from the Contracting Officer lifting the
suspension, the Purchaser shall reimburse the Government the amounts refunded or transferred.
The Purchaser may choose to pay this reimbursement at once or in installments payable at the
same time as payments are due for the timber under the contract and in amounts approximately
equal to the expenses associated with the timber for which payment is due.
In the event that operating time is lost as a result of the incorporation of additional contract
requirements, or delays due to Endangered Species Act consultation with the U.S. Fish and
Wildlife Service or U.S. National Marine Fisheries Service, or court-ordered injunctions, the
Purchaser agrees that an extension of time, without reappraisal, will constitute a full and complete
remedy for any claim that delays due to the suspension hindered performance of the contract or
resulted in damages of any kind to the Purchaser.
The Contracting Officer may determine that it is necessary to terminate the cutting and removal
rights under the contract in order to comply with the Endangered Species Act, protect occupied
marbled murrelet sites in accordance with the ROD and RMP, protect species that have been
discovered which were identified for protection through survey and manage and/or protection
buffer standards and guidelines established in the ROD and RMP, or comply with a court order.
Following the issuance of a written notice that cutting and removal rights will be terminated, the
Purchaser will be permitted to remove timber cut under the contract, if allowed by the Endangered
Species Act, marbled murrelet occupied site protection in accordance with the ROD and RMP,
survey and manage and/or protection buffer standards and guidelines established in the ROD and
RMP, or court order requirements necessitating the modification or termination.
In the event cutting and removal rights are terminated under this subsection, the Purchaser
agrees that the liability of the United States shall be limited to the actual costs incurred by the
Purchaser which have not been amortized by timber removed from the contract area. This
calculation of liability shall utilize actual Purchaser costs and Government estimates of timber
volumes. At the Authorized Officer's request, the Purchaser agrees to provide documentation of
the actual costs incurred in the performance of the contract. In addition, the Purchaser shall be
released from the obligation to pay the contract price for any timber which is not authoriz ed to be
removed from the contract area.
The Purchaser specifically and expressly waives any right to claim damages, other than those
described in the preceding paragraphs, based on an alleged breach of any duty to the Purchaser,
whether express or implied, in regard to the manner in which the Government defended the
litigation which resulted in the court order affecting the operation of the contract. This waiver also
extends to any claims based on effects on the operation of the contract that arise from l itigation
against another agency.
-9-
Sec. 41 – Special Provisions (cont’d)
Cedar Shake Timber Sale
Furthermore, the Purchaser specifically acknowledges and agrees that a court ruling that the
Government violated the Administrative Procedures Act cannot be interpreted, in itself, to mean
that the Government had not acted reasonably in regard to its duties to the Purchaser under this
contract.
(e)
Fire Prevention and Slash Disposal
(1)
Fire Prevention and Control. Primarily for purposes of fire prevention and control, the Purchaser
shall, prior to the operation of power driven equipment in construction or logging operations under
this contract during the closed fire season or periods of fire danger, prepare a fire prevention and
control plan to the satisfaction of the Authorized Officer.
(2)
Fire Hazard Reduction. In addition to the requirements of Section 15 of this contract, and
notwithstanding the Purchaser's satisfactory compliance with State laws and regulations
regarding offsetting or abating the additional fire hazard created by this operation and the State's
willingness to release the Purchaser from liability for such hazard, the Purchaser shall remain
responsible to the Government for performance of the following hazard reduction measures
required by this contract:
(aa) Purchaser shall pile logging slash at all landings and within 25 feet of Road Nos. 17-7-21.1,
17-7-21.2 and 17-7-27, outside of the Whole Tree Yarding Area, as directed by the
Authorized Officer. All work shall be completed in accordance with Provisions 1-7 of Exhibit
F, which is attached hereto and made a part hereof. Exhibit F contains two sheets.
(bb) Burn all resulting slash piles. All work shall be completed in accordance with Provisions 811 of Exhibit F.
(cc) In lieu of performing slash disposal as identified in Section 41(e)(2)(aa) and Section
41(e)(2)(bb), the Purchaser may remove material identified for slash disposal after notifying
the Authorized Officer in writing. Any material identified for slash disposal that is not
removed in accordance with this provision shall be treated in accordance with Section
41(e)(2)(aa) and Section 41(e)(2)(bb). Upon completion of slash removal, the Purchaser
shall report tonnage of slash removed in accordance with this provision.
(f)
(g)
Optional Contributions
(1)
The Purchaser shall perform all pile burning in accordance with Section 41(e)(2)(bb). The
Purchaser shall have the option of completing this work, or in lieu thereof, making a contribution
to the Bureau of Land Management in the amount of Eight Hundred Fourteen and 73/100 dollars
($814.73). The amount of contribution shown above shall be paid prior to cutting. The Purchaser
shall notify the Authorized Officer in writing of his intention to make this contribution prior to the
date of execution of the contract.
(2)
If the Purchaser has made such a contribution, and later elects to remove all material identified for
slash disposal in accordance with Section 41(e)(2)(cc), the entire contribution will be refunded to
the Purchaser.
Miscellaneous Provisions
(1)
The Purchaser agrees that the United States, its power permittees, lessees, and lic ensees, shall
not be responsible or held liable or incur any liability for the damage, destruction, or loss of any
land, crops, facility installed or erected, income, or other property or investment resulting from the
use of such lands or portions thereof for power developments at any time where such power
development is made by, or under the authority of, the United States.
(2)
The Government, at its option, may administratively check scale any portion of the timber
removed from the contract area, and if necessary, conduct check scaling of independent scalers
contracted to BLM for administrative check scaling purposes.
- 10 -
Sec. 41 – Special Provisions (cont’d)
Cedar Shake Timber Sale
The Purchaser hereby agrees to make such contract timber available for such scaling at a
location or locations to be approved in writing by the Authorized Officer. At the approved location
or locations, the Purchaser shall provide an area for logs to be safely rolled out for scaling, to
unload logs from trucks, place logs in a manner so that both ends and three faces of each log are
visible for scaling, and to reload or remove logs after scaling has been completed. In the event
that BLM elects to administratively check scale and if such check scaling causes a delay in log
transportation time, an adjustment will be made to the purchase price as follows. If the entire sale
is check scaled, the purchase price of this contract shall be reduced by Three Thousand Eight
Hundred Sixty-eight and 50/100 dollars ($3,868.50). In the event only a portion of the contract
timber is scaled, the purchase price shall be reduced by that portion of Three Thousand Eight
Hundred Sixty-eight and 50/100 dollars ($3,868.50) which is equal to the percentage of timber
sold which was actually scaled by the Government. For purposes of computing this price
reduction, the percentage of timber sold which has been scaled shall be determined by the
Government. Any reduction in purchase price under the terms of this provision shall be full
compensation to the Purchaser for any expense or loss incurred as a result of such scaling.
Scaling shall be conducted in accordance with the Northwest Log Rules Eastside by BLM scalers,
and/or independent scalers contracted to BLM. A copy of the scale report will be made available
to the Purchaser upon request.
(h)
Log Export and Substitution
(1)
All timber sold to the Purchaser under the terms of this contract, except exempted species, is
restricted from export from the United States in the form of unprocessed timber, and is prohibited
from being used as a substitute for exported private timber. For the purpose of this contract,
unprocessed timber is defined as: (1) any logs except those of utility grade or below, such as
sawlogs, peeler logs and pulp logs; (2) cants or squares to be subsequently remanufactured
exceeding eight and three-quarters (8¾) inches in thickness; (3) split or round bolts or other
roundwood not processed to standards and specifications suitable for end-product uses; or (4)
western red cedar lumber which does not meet lumber of American Lumber Standards Grades of
Number 3 dimension or better, or Pacific Lumber Inspection Bureau R-List Grades of Number 3
Common or better. Thus, timber manufactured into the following will be considered processed:
(1) lumber and construction timber, regardless of size, manufactured to standards and
specifications suitable for end-product uses; (2) chips, pulp, and pulp products; (3) green or dry
veneer and plywood; (4) poles and piling cut or treated for use as such; (5) cants, squares, and
lumber cut for remanufacturing of eight and three-quarters (8¾) inches in thickness or less; (6)
shakes and shingles.
Substitution will be determined under the definition found in 43 CFR 5400.0 -5(n).
The Purchaser is required to maintain and upon request to furnish the following information:
(aa) Date of last export sale.
(bb) Volume of timber contained in last export sale.
(cc) Volume of timber exported in the past twelve (12) months from the date of last export sale.
(dd) Volume of Federal timber purchased in the past twelve (12) months from the date of last
export sale.
(ee) Volume of timber exported in succeeding twelve (12) months from date of last export sale.
(ff)
(2)
Volume of Federal timber purchased in succeeding twelve (12) months from date of last
export sale.
In the event the Purchaser elects to sell any or all of the timber sold under this contract in the form
of unprocessed timber, the Purchaser shall require each party buying, exchanging, or receiving
such timber to execute a Form 5460-16 (Certificate as to Nonsubstitution and the Domestic
Processing of Timber). The original of such certification shall be filed with the Authorized Officer.
- 11 -
Sec. 41 – Special Provisions (cont’d)
Cedar Shake Timber Sale
Additionally, when the other party is an affiliate of the Purchaser, the Purchaser will be required to
update information under item (2) of Form 5450-17 (Export Determination) and file the form with
the Authorized Officer.
In the event an affiliate of the Purchaser has exported private timber within twelve (12) months
prior to purchasing or otherwise acquiring Federal timber sold under this contract, the Purchaser
shall, upon request, obtain from the affiliate information in a form specified by the Authorized
Officer and furnish the information to the Authorized Officer.
Prior to the termination of this contract, the Purchaser shall submit to the Authorized Officer Form
5460-15 (Log Scale and Disposition of Timber Removed Report) which shall be executed by the
Purchaser. In addition, the Purchaser is required under the terms of this contract to retain for a
three-year period from the date of termination of the contract the records of all sales or transfer of
logs involving timber from the sale for inspection and use of the Bureau of Land Management.
Unless otherwise authorized in writing by the Contracting Officer, the Purchaser shall bran d
clearly and legibly one end of all logs with a scaling diameter (small end inside bark) of over 10
inches, prior to the removal of timber from the contract area. All loads of 11 logs or more will have
a minimum of 10 logs clearly and legibly branded on one end regardless of the diameter of the
logs. All logs will be branded on loads of 10 logs or less. One end of all branded logs to be
processed domestically will be marked with a 3 square inch spot of highway yellow paint. The
purchaser will stop trucks for accountability monitoring at mutually agreed upon location when
notified by the Authorized Officer.
If multiple trailers (mule trains) are used, each bunked load shall be considered an individual load,
and these guidelines will apply to each bunked load. If a flatbed stake trailer is used, each bundle
will be treated as a separate load.
At the discretion of the Contracting Officer, the Purchaser may be required to brand and paint all
logs. Any increased costs for log branding and painting shall be the responsibility of the
Purchaser.
In the event of the Purchaser’s noncompliance with this subsection of the contract, the Authorized
Officer may take appropriate action as set forth in Section 10 of this contract. In addition, the
Purchaser may be declared ineligible to receive future awards of Government timber for a period
of one year.
(i)
Equal Opportunity in Employment
(1)
Certification of Nonsegregated Facilities attached hereto and made a part hereof.
- 12 -
Form 1140-4
(June 1974)
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
NOTICE OF REQUIREMENT FOR CERTIFICATION
OF NONSEGREGATED FACILITIES
Bidders and offerors are cautioned as follows: by signing this bid
or offer or entering into this contract or lease, as the case may
be, the bidder, offeror, or contractor will be deemed to have
signed and agreed to the provisions of the Certification of Nonsegregated Facilities in this solicitation.
The certification
provides that the bidder or offeror does not maintain or provide
for his employees facilities which are segregated on a basis of
race, color, religion, sex, or national origin, whether such facilities are segregated by directive or on a de facto basis. The
certification also provides that he will not maintain such
segregated facilities.
Failure of a bidder or offeror to agree
to the Certification of Nonsegregated Facilities will render his
bid or offer nonresponsive to the terms of solicitations involving
awards of contract exceeding $10,000 which are not exempt from
the provisions of the Equal Opportunity clause.
In accordance with 41 CFR 60, as amended May 19, 1967, and
Executive Order No. 11246 of September 24, 1965, as amended,
this notification will be included in all notices of invitations for
bid, lease, offers, and requests for proposal where prospective
nonexempt contracts may exceed $10,000.
GPO 858-825
OR-5420-1a
UNITED STATES
(June 1986)
DEPARTMENT OF THE INTERIOR
District
Eugene
ATSP Tract No.
E-12-500
Bureau of Land Management
ADP No.
STUMPAGE COMPUTATION
MBF
Sale Name
Realization
Value
Mfg.
Costs (-)
Douglas-fir
---
---
$443.56
$206.44
$57.66
Stumpage
$179.26
W. hemlock
---
---
$372.42
$206.44
$48.41
$117.56
Species
Pond
Value
Logging
Costs (-)
Cedar Shake
Profit &
Risk (-)
Marg. *
Logs (-/)
$430.25
Wt. Average
*Marginal Log Volume
Marginal Log Value
(D-fir Net Volume)
N/A
$
$167.72
MBF
X
$/MBF
Marg. Log Value
=
$
Marginal Log Value/MBF
MBF
APPRAISED PRICE SUMMARY
TEA
RVA
X
Market Value
(Check one)
Number Trees
Species
Volume
Appraised Price
Un-Merch
Merch
$/M
Value
---
Douglas-fir
W. hemlock
4,191
$179.00
$750,189.00
---
19,330
3,060
967
$118.00
114,106.00
---
22,390
TOTALS
5,158
Bid Price
$/M
Value
3 Saw
#5
4 Saw
#6
$864,295.00
LOG GRADES (By Percent)
Species
Code #1
#2
#3
2 Saw
#4
Douglas-fir
W. hemlock
Appraised By:
Appraisal Reviewed By:
36
57
7
42
54
4
Chris Haubrich
Date:
November 2011
Cynthia L. Phillips
Date:
April 2012
OR-5420-1
(June 1986)
UNITED STATES
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
TIMBER SALE SUMMARY
Sale Name
ATSP Tract No.
County & State
Master Unit
O&C
X
X
Cedar Shake
E-12-500
Lane, Oregon
Siuslaw
CBWR
P.D.
Township
17 S.
17 S.
District
Sale Date
Parcel No.
Planning Unit
Siuslaw
Type of Sale
Advertised
Time for Cutting & Removal
Time for Removal of Personal Property
Range
7 W.
7 W.
Section
21
27
DF
476
3,578
19
118
WH
TOTAL
4,191
967
966
1
Total
Cutting
Volume
476
4,544
19
119
5,158
COSTS
Falling & Bucking . . . . . . . . . . . . . . . .
Yard, Load, etc. . . . . . . . . . . . . . . . . .
Transportation . . . . . . . . . . . . . . . . . .
Road Construction . . . . . . . . . . . . . . .
Road Amortization . . . . . . . . . . . . . . .
Road Maintenance . . . . . . . . . . . . . . .
$ Included With Yarding
$
149.31
$
27.21
$
22.81
$
0.68
$
3.85
Other Allowances*
*Specify
Slash Disposal
Seasonal Road Blocking
Road Decommissioning
Tractor Assist
$
$
$
$
Total Other Allowances
$
Total Cost to Utilization Center
Utilization Center (Peelers)
Miles to Utilization Center
Utilization Center (Sawlogs)
Miles to Utilization Center
Weighted Miles to Utilization Center
$
Costs
0.72
0.08
1.06
0.72
2.58
206.44
N/A
N/A
Eugene / Springfield
34
34
36
1
Mos.
Mos.
Subdivision
SW1/4NE1/4, W1/2, SE1/4
Lot 1
Cutting Volumes by Species by MBF
Subdivisions
or
Cutting Areas
PH Area 1
PH Area 2
R/W Area 1
R/W Area 2
Eugene
June 28, 2012
1
Cutting Area
Acres
Partial
Clear
28
232
1
6
260
7
Profit & Risk Allowance
Basic Profit & Risk. . . . . . . . . . . . . . . . . . . . . . . . .
11
%
Additional Risk
Low
1% . . . . . . . . . . . . . . . . . . . . .
%
Medium
2% . . . . . . . . . . . . . . . . . . . . .
2
%
High
3% . . . . . . . . . . . . . . . . . . . . .
%
Total Profit & Risk . . . . . . . . . . . . . . . . . . . . . .
13
%
Tract Features
Ave Log (Bd. Ft.): D-fir
48
All
50
Ave DBH: 14.1
Recovery D-fir
96
% All
96
%
Salvage D-fir
0
% All
0
%
Ave Volume per Acre
19
MBF
Ave Yarding Slope
40
%
Ave Yarding Distance
450
Ft.
Ave Age
60
Years
Volume Highlead
%
Volume Skyline
77
%
Volume Cat
23
%
Volume Aerial
%
Road Construction / Improvements (100’ Sta)
Class
SN-14
No. Sta.
26.72 (Const)
Class
SN-16
No. Sta
101.91 (Ren)
Class
SN-16
No. Sta
49.64 (Imp)
Cruise
Cruised by
Haubrich, Rainey, Teigland, Hallinan
Date
October 2011
Type of Cruise Var. Plot(PH Areas) & 3-P(R/W)
Volume (MBF-Net Merch)
Green
5,158
Salvage
D-fir Sawlog
4,191
Peeler
Export Volume
0/
Purchaser
Address
Contract No. ORE05-TS12-500
0
0